Grand Larceny in New York: Elements and Penalties

In the state of New York, grand larceny is a serious criminal offense involving the unlawful taking of property with a value above a certain threshold. Classified as a felony, grand larceny can carry significant legal consequences, including imprisonment and hefty fines. This article outlines the legal definition, statutory elements, classifications, and penalties associated with grand larceny under New York law.

Legal Definition

Larceny, generally defined under New York Penal Law § 155.05, involves wrongfully taking, obtaining, or withholding property from its rightful owner with the intent to deprive the owner of it. When the value of the property exceeds a specified amount, the crime becomes grand larceny.

Elements of Grand Larceny

To secure a conviction for grand larceny, the prosecution must prove the following elements beyond a reasonable doubt:

1. Unlawful Taking: The defendant wrongfully took or withheld property that did not belong to them.
2. Intent: The taking was done with the intention to permanently deprive the rightful owner of the property.
3. Value Threshold: The value of the property meets or exceeds a certain dollar amount defined in the relevant statutes.

Degrees of Grand Larceny

New York recognizes four degrees of grand larceny, ranging from fourth (least severe) to first (most severe), based on the value of the property or the specific circumstances of the theft:

Grand Larceny in the Fourth Degree (PL § 155.30)

• Value of the stolen property exceeds $1,000.
• Also applies to thefts involving public records, credit cards, or property taken directly from the person of another.
• Class E felony
• Penalty: Up to 4 years in prison.

Grand Larceny in the Third Degree (PL § 155.35)

• Value exceeds $3,000.
• Class D felony
• Penalty: Up to 7 years in prison.

Grand Larceny in the Second Degree (PL § 155.40)

• Value exceeds $50,000.
• May also apply if the theft involves extortion.
• Class C felony
• Penalty: Up to 15 years in prison.

Grand Larceny in the First Degree (PL § 155.42)

• Value exceeds $1 million.
• Class B felony
• Penalty: Up to 25 years in prison.

Aggravating Factors

Certain factors can elevate the severity of a grand larceny charge, including:

• Use of force or threats (extortion)
• Abuse of a position of trust (e.g., employee theft)
• Theft from vulnerable victims (e.g., elderly or disabled individuals)

Defenses to Grand Larceny

Common defenses include:

• Lack of intent to permanently deprive the owner
• Mistake of fact regarding ownership or value
• Consent from the owner
• Insufficient evidence of the crime

Conclusion

Grand larceny charges in New York are serious and can have life-altering consequences. The degree of the charge—and corresponding penalties—depends largely on the value of the property stolen and the circumstances surrounding the offense. Anyone facing such a charge should seek legal counsel immediately to explore potential defenses and mitigate possible penalties. Matthew Galluzzo is a former Manhattan prosecutor and experienced criminal defense attorney. He has successfully defended numerous individuals accused of Grand Larceny charges in New York City, including shoplifting allegations, corporate embezzlement, and credit card theft, among others. He also has significant experience representing non-citizens and finance professionals in these sorts of cases, which can be particularly problematic for those individuals. If you or a loved one have been arrested or accused of a Grand Larceny crime, you should strongly consider contacting Mr. Galluzzo to discuss his legal services.